Report No. DC-2637 ACTION IN DOCKET CASE August 3, 1994 JOINT REQUEST APPROVED FOR DISMISSAL OF COURT APPEALS AND PLEADINGS IN WAXQ(FM), NEW YORK, NY, PROCEEDING (MM DOCKET 93-54) The Commission has approved a joint agreement by GAF Broadcasting Co., Inc., and Listeners' Guild for dismissal of court appeals and pleadings before the Commission with respect to the renewal application of WAXQ(FM) (formerly WNCN(FM)), New York, NY. Under the terms of the joint agreement, Listeners' Guild will withdraw all its pending court and FCC actions. GAF will pay the Guild $110,000 and grant authority to the Guild to use the WNCN Listeners' Club mailing list for a maximum of two mailings per year for two years with a provision for possible liquidated damages not to exceed $110,000. Guild demonstrated legitimate and prudent expenses in excess of $280,000. With the approval of the settlement agreement, the Commission granted GAF's pending renewal application, subject to final Commission disposition of a staff inquiry into WAXQ(FM)'s EEO program and practices. Action by the Commission July 21, 1994, by Order (FCC 94- 194). Chairman Hundt, Commissioners Quello, Barrett, Ness and Chong. - FCC - News Media contact: Rosemary Kimball at (202) 418-0500.